[HISTORY: Adopted by the Township Committee of the Township of Waterford 8-11-1982 as Ord. No. 82-14 (Ch. 52 of the 1974 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- AMUSEMENT PARLOR OR ARCADE
- Any place or premises wherein three or more coin-operated amusement machines or devices are maintained for use and operation by the public.
- AUTOMATIC AMUSEMENT DEVICE
- Any machine which upon insertion of a coin, slug, token, plate or disc, even though remote-controlled, may be operated by the public generally for use as a game, entertainment or amusement, whether or not registering a score, including but not limited to such devices as marble machines, pinball machines, skill ball, mechanical grab machines and all games, operations or transactions similar thereto under whatever name they may be indicated. It shall include coin-operated video machines or games or similar devices that use a display screen for points, lines and dots of light that can be manipulated to simulate games or other types of entertainment. It shall also include video audio/visual adult peep show machines. It shall not include nor shall this chapter apply to music-playing devices.
- Any person who supplies any automatic amusement device to another for use in his premises, whether under lease or any similar arrangement.
- Any person in whose premises any automatic amusement device is placed or kept for operation.
- Any person, firm, corporation, partnership or association.
Purpose and objective. The purpose of this chapter is to license, regulate and control those automatic amusement devices or remote-control devices which are operated for the purpose of making a profit.
No person shall maintain, operate or possess in any store, building or other place where individuals may enter or in any building or other place wherein any club or organization meetings are held within the Township of Waterford any automatic amusement device, and no person, firm or corporation shall bring such devices into the township for placement in such premises without first obtaining a license therefor.
Licenses issued for individual coin-operated machines shall expire on December 31 of the year following their issue unless suspended or revoked, and the license fee cannot be prorated or transferred.
All applications for a license under this chapter shall be made and delivered to the Township Clerk on forms to be supplied for that purpose and shall be subscribed and sworn to by the applicant.
The application for the license shall contain the following:
The name and address of the applicant.
The name under which the place is being operated and the location of the same.
The number and type of alcoholic beverage licenses, where applicable.
The number and type of machines sought to be licensed.
The location where each automatic amusement game is to be located.
The name and address of the person from whom each device is to be purchased, rented or otherwise obtained.
A description of each automatic amusement game sought to be licensed, including, for each device, the name of the manufacturer, model number and serial number.
The terms of the agreement governing the acquisition and installation of said automatic amusement game (rates and dates).
Information indicating whether the distributor, the applicant or any person connected with the operation of the place wherein the game or device is to be installed has ever been convicted of any crime or found guilty of the violation of any ordinance on gaming.
Any other information which the Township Police Chief may deem reasonably necessary and proper for the full protection of the interest of the patrons or the public in the application.
The number of amusement devices that may be located in any one location shall be governed by the physical space available in any business location for the use of said devices.
The following rules shall govern the location within all business premises of amusement devices:
Each device shall be located at least 10 feet from the entranceway to the premises in which located and placed so that it does not obstruct or interfere with the free passage to and from the premises of patrons or users of the premises.
Each device shall have an unobstructed perimeter zone or distance of three feet around the sides of the three linear borders of said device wherein the users of said device may use, watch or wait to use said device. The area which is required hereunder for each such machine shall not be encroached upon by the area of any other machine. It is the intent of this chapter to prevent overcrowding and to assure safe passage of the general public, and each machine shall have its own unobstructed perimeter zone.
No games subject to this chapter may be operated within 500 feet of a school or house of worship. This section of the chapter shall not be construed to require the removal of any automatic amusement devices which are in place before the effective date of this chapter.
A license may be transferred from one machine to another by giving notice to the Township Clerk to that effect and giving a description of the new machine, including manufacturer, model number and serial number.
No person shall, in his place of business, permit gambling in connection with the playing of any mechanical amusement game.
An amusement device may only be used or operated during the hours of operation of the premises in which located and when the operator or an employee of the operator is present in the premises.
The Chief of Police or his designee may make an investigation of the premises and the applicant to determine the truth of the facts set forth in the application. The Fire Chief may inspect the premises to determine whether said premises comply with the existing fire regulations of the township. The Chief of Police, the Fire Marshal and the Construction Code Official may, upon completion of their inspection, attach to said application their reports, in writing. Upon receipt of said application and inspection reports, if any, the Township Clerk shall submit the same for either approval or disapproval to the Township Committee. If the applicant is approved, the Township Clerk issues the necessary license upon the receipt of the license fees as herein provided.
The following fees shall be charged and collected under the provisions of this chapter in the amounts set in the Township of Waterford Fee Schedule Ordinance:
A fee for the initial application for a license to bring automatic amusement devices into the township.
An initial license fee for each machine placed in the township.
An annual renewal fee for each machine.
Nonprofit or charitable organizations shall be exempt from the payment of the aforementioned fees, but shall comply with all other provisions of this chapter.
Anytime after the granting of said license, the Township Committee may, in the reasonable exercise of its discretion, revoke the same, if after a hearing it finds:
Gambling on the premises.
False or incorrect material on the application or information furnished by the applicant.
Failure to maintain good and safe conduct on the premises.
Violation of the laws of the State of New Jersey, of this chapter or other ordinances of the Township of Waterford.
The presence of the machines result in gambling, obscene and loud language disturbing to the public or to the other patrons of the premises, creating of a nuisance, excessive noise, litter, traffic or rowdyism by the patron.
Posting and displaying. Any operator's license granted pursuant to this chapter shall:
Any person or persons, firm or corporation who or which violates any provisions of this chapter, upon conviction thereof, shall be punishable by a fine not exceeding $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof. Each day that a violation occurs or is committed shall constitute a separate offense.